9.  Mr Neshkov was born in 1971 and is currently detained in Belene Prison. Mr Tsekov was born in 1973 and is currently detained in Stroitel, an open-type prison hostel attached to Burgas Prison. Mr Simeonov was born in 1976. He was detained in Burgas Prison until 15 July 2014, when he was released; his current whereabouts are unknown. Mr Yordanov was born in 1962 and is currently detained in Atlant, a closed-type prison hostel in Troyan attached to Lovech Prison. Mr Zlatev was born in 1965 and is currently detained in Burgas Prison.
10.  Since his incarceration Mr Neshkov has been placed successively in Varna Prison (2002-05), Lovech Prison (2005-06), Vratsa Prison (2006-14), and Belene Prison (2014-present). In the course of transfers to court hearings he also spent short periods of time, one to two days on each occasion, in Stara Zagora Prison.
11.  Mr Neshkov was placed in Varna Prison on 19 June 2002 in execution of eight separate criminal sentences. In a decision of 25 October 2007 of the Lovech District Court these were combined into an aggregate sentence of twenty-eight years and eleven months’ imprisonment.
12.  In the course of his stay in Varna Prison Mr Neshkov was kept in the prison’s high-security area, Group 3 (life prisoners and other prisoners under special regime) on the ground floor, in cells nos. 15, 19, 19a and 24. Cell no. 15 measured 6.5 by 3.2 metres and had two windows letting in enough sunlight and allowing the cell to be properly aired. Cells nos. 19 and 24 each measured 3.2 by 2 metres and had one window, and, according to the Government, were not overcrowded. According to them, cell no. 19a measured 2 by 1.9 metres, and was equipped with a bed, a metal locker and a table. According to Mr Neshkov, the cell was only equipped with a bed and a plastic bucket. According to the Government, Mr Neshkov was during most of the time kept alone in these cells, all of which had windows that let in enough sunlight and allowed them to be properly aired. According to Mr Neshkov, the cell windows were covered with metal sheets, which did not permit sunlight or fresh air to come in, and the cells were not equipped with a ventilation system. None of these cells was equipped with a toilet. The Government said that they had no records on the exact amount of time spent by Mr Neshkov in each of these four cells. Mr Neshkov submitted that he had spent two years in cell 19a. This cell, as well as the others in which he had been housed – and indeed all cells in the prison’s high security area – had been kept locked all the time, save for three periods of thirty to forty minutes in the morning, at lunch and in the evening. During these periods, he was able to go to the toilet, but the rest of time he had to use a bucket to relieve his sanitary needs. Mr Neshkov submitted that while in cell 24, he was tied to the bed with handcuffs for thirty-four days.
13.  According to the Government, all inmates in Varna Prison, including Mr Neshkov, were provided with adequate health care. Varna Prison had a medical centre, and where necessary inmates were consulted by outside medical doctors.
14.  On 29 June 2005 Mr Neshkov was transferred to Lovech Prison, then on 11 October 2006 to Vratsa Prison, and then on 23 May 2014 to Belene Prison, where he is currently housed. He did not provide any information about the conditions in these prisons.
15.  Between 2002 and 2008 Mr Neshkov spent periods of time of several days in Stara Zagora Prison on a number of occasions in connection with court hearings.
16.  According to the Government, all inmates from other prisons who spent short periods of time in Stara Zagora Prison were housed in a special wing. Since they were very diverse – sentenced and remand prisoners, men and women, adults and minors, inmates from open and closed correctional facilities, first time and repeat offenders – they had to be kept separated in locked cells, primarily for their own security. That, and the fact that this wing contained the disciplinary cells, had made it necessary to classify as a high-security zone. The sometimes high number of such transit prisoners had made it necessary to put up to four of them in one cell. They had been allowed to visit the toilet three times a day, separately for men and women and for adults and minors, and to spend time in the open air. They had taken their meals in the cells. Hygiene in the cells had been maintained by the inmates themselves. All the windows had glazing, and the cells had been repainted in 2003 and 2006. However, because of the large number of prisoners transiting through the premises, they were wearing quite fast. 4.  Mr Neshkov’s claim for damages in relation to the conditions of his detention in Stara Zagora Prison on various occasions in 2002-08
17.  On 8 August 2008 Mr Neshkov brought a claim under section 1 of the State and Municipalities Liability for Damage Act 1988 (see paragraph 125 below) in relation to the conditions of his detention in Stara Zagora Prison. He sought 7,000 Bulgarian levs (BGN) in non‑pecuniary damages. On 25 September 2008 the Sofia City Administrative Court discontinued the proceedings, citing Mr Neshkov’s failure to state clearly the alleged facts and his request for relief. Following an appeal by Mr Neshkov, in a decision of 16 December 2008 (опр. № 13975 от 16 декември 2008 г. по адм. д. № 14809/2008 г., ВАС, ІІІ о.) the Supreme Administrative Court quashed that decision and directed that the claim be examined on the merits. On 18 February 2009 the Sofia City Administrative Court transferred the case to the territorially competent Stara Zagora Administrative Court.
18.  At Mr Neshkov’s request, the Stara Zagora Administrative Court ordered the administration of Stara Zagora Prison to provide information about Mr Neshkov’s stays in this prison between 10 October 2002 and 25 February 2008 and about the conditions in which he had been kept in the course of these stays. The prison administration was able to provide such information only in relation to 2007, explaining that the records concerning short-term stays of prisoners normally housed in other prisons were not kept for more than a year.
19.  In a judgment of 6 July 2009 (реш. № 12 от 6 юли 2009 г. по адм. д. № 104/2009 г., АС-Враца) the Vratsa Administrative Court dismissed Mr Neshkov’s claim. It noted that the exact periods of time when he had been housed in Stara Zagora Prison in 2002-08 could only be established for 2007, because the prison’s records for the remaining years had not been preserved. In 2007, Mr Neshkov had been housed in this prison on five occasions: on 18-19 January, alone in a cell; on 30-31 March, in a cell with three other inmates; on 4-6 April, in a cell with three other inmates; on 14-15 June, in a cell with two other inmates; and on 3-4 July, in a cell with one other inmate. During these periods, he had not been provided with bed linen. The cells in which he had been kept had been infested with cockroaches, had not been sufficiently lit during the day but constantly lit at night, and had not had in-cell toilets. As a result, Mr Neshkov had had to relieve himself in a bucket and urinate in a plastic bottle. The court made no findings in relation to the size of the cells or the number of inmates held in them, noting that at the relevant time there had been no binding legal requirement for minimum space per prisoner. However, it went on to say that Mr Neshkov had failed to prove that he had suffered non-pecuniary damage as a result of these conditions. Moreover, he had only spent short periods of time in these cells. While a long period of time in such extremely poor conditions of detention could cause mental suffering, the same could not be said of a short period. There was therefore no damage to make good.
20.  Mr Neshkov appealed on points of law, arguing, inter alia, that the Vratsa Administrative Court had erred by dismissing his claim as unproved in relation to the remainder of the period 2002-08 based on the lack of relevant prison records. He also challenged the court’s ruling on the existence or otherwise of non-pecuniary damage.
21.  In a judgment of 19 March 2010 (реш. № 3608 от 19 март 2010 г. по адм. д. № 11645/2009 г., ВАС, ІІІ о.) the Supreme Administrative Court upheld the lower court’s judgment, fully agreeing with its reasoning. It noted, in particular, that Mr Neshkov had failed to prove the existence of damage.
22.  On 24 April 2009 Mr Neshkov brought a claim against the Ministry of Justice under section 1 of the State and Municipalities Liability for Damage Act 1988 (see paragraph 125 below) in relation to the conditions of his detention in Varna Prison in 2002-05. He sought BGN 50,000, plus interest, in non-pecuniary damages.
23.  Mr Neshkov requested to be exempted from paying a court fee. On 28 April 2009 the Varna Administrative Court refused his request, holding that the declaration of means that he had presented was not sufficient to elucidate his and his family’s financial situation. It could not therefore be accepted that he was indigent.
24.  At the first hearing, held on 18 September 2009, the court instructed Mr Neshkov to specify which part of the damage allegedly suffered by him was due to acts and which part to omissions of prison officials. The court also directed the governor of Varna Prison to provide information about the conditions of Mr Neshkov’s detention, gave leave to Mr Neshkov to call witnesses, and ordered an expert report on the compatibility of the conditions in the cells and toilets in Varna Prison with the applicable standards.
25.  On 28 September 2009 Mr Neshkov requested to be exempted from paying a deposit for the expert report. The next day, 29 September 2009, the court refused his request, giving the same reason as previously: that the declaration of means presented by Mr Neshkov was not sufficient to elucidate his and his family’s financial situation and show that he was indeed indigent. Mr Neshkov appealed against this ruling, but in a decision of 10 November 2009 (опр. № 13367 от 10 ноември 2009 г. по адм. д. № 14179/2009 г., ВАС, ІА о.) a three-member panel of the Supreme Administrative Court refused to examine the appeal, holding that such rulings by the first-instance court were not subject to appeal. Mr Neshkov appealed further. In a decision of 25 January 2010 (опр. № 912 от 25 януари 2010 г. по адм. д. № 16497/2009 г., ВАС, петчл. с-в) a five‑member panel of the Supreme Administrative Court upheld the three‑member panel’s decision.
26.  In the meantime, on 29 September 2009 the Varna Administrative Court decided to strike one of Mr Neshkov’s witnesses off. It found that this witness, who was incarcerated, was a dangerous criminal regarded by the prison authorities as cruel and extremely resilient. There was therefore a risk that, if brought to the court to take part in a hearing, he might try to flee. The court instructed Mr Neshkov to seek another witness in relation to the facts that he was seeking to prove through this witness’ testimony.
27.  Following further applications by Mr Neshkov, on 17 March 2010 the court refused to vary its earlier evidentiary rulings.
28.  At a hearing on 9 April 2010 Mr Neshkov asked the judge hearing the case to recuse herself, citing her rulings in relation to the evidence. She refused to do so, saying that these rulings were not indicative of any bias against Mr Neshkov. The court then heard one witness called by Mr Neshkov and ordered the prison governor to present the medical documents relating to Mr Neshkov’s stay in Varna Prison in 2002-05.
29.  In a judgment of 5 July 2010 (реш. № 1405 от 5 юли 2010 г. по адм. д. № 1093/2009 г., АС-Варна) the Varna Administrative Court dismissed Mr Neshkov’s claim. It held that Mr Neshkov, who bore the burden of proving all elements of the tort under section 1 of the State and Municipalities for Damage Act 1988, including the existence of damage, had failed to make out his claim that he had suffered harm as a result of the conditions of his detention. He had not presented evidence that he had felt bad or fallen ill as a result of these conditions. The witness evidence that he had adduced was – unlike medical expert evidence – not sufficient to prove medical complaints. There was no indication that the pain and suffering allegedly endured by him had led to any permanent damage to his health. Moreover, it could not be overlooked that, in view of the fact that he had been incarcerated pursuant to more than two sentences, he had been placed under a prison regime entailing heightened security.
30.  On an appeal by Mr Neshkov, in a judgment of 23 February 2011 (реш. № 2738 от 23 февруари 2011 г. по адм. д. № 11507/2010 г., ВАС, ІІІ о.) the Supreme Administrative Court quashed the Varna Administrative Court’s judgment and remitted the case. It held that the lower court had, in breach of the rules of procedure, failed to indicate to Mr Neshkov which of his allegations were unsupported by evidence. For instance, the lower court had held Mr Neshkov’s omission to present medical evidence on his state of health against him without instructing him to present such evidence. Since it was apparently of the view that such evidence was required, it could have even appointed a medical expert of its own motion. Its failure to do so could not be explained by Mr Neshkov’s inability to bear the costs of such an expert report. Such financial considerations could not be allowed to trump the fundamental constitutional right of access to an independent court. The lower court had in addition failed to rule in terms on several of Mr Neshkov’s evidentiary requests. That, as well as its failure to obtain the medical documents concerning Mr Neshkov’s stay in Varna Prison, had in effect prevented Mr Neshkov from making out his claim.
31.  The Varna Administrative Court re-examined the case at four hearings. It also obtained, by way of a letter of request to the Lovech Administrative Court, the statement of a witness for the applicant who was housed in Lovech Prison.
32.  In a judgment of 11 November 2011 (реш. № 2647 от 11 ноември 2011 г. по адм. д. № 758/2011 г., АС-Варна) the Varna Administrative Court again dismissed Mr Neshkov’s claim. It found that after his admission to Varna Prison, between 19 June and 19 August 2002 Mr Neshkov had been kept in cell no. 15. This cell had measured twelve by three metres and had been full of beds and cabinets. Mr Neshkov had had to share the cell with ten to fifteen other inmates, some of whom smokers. The cell had not had proper artificial lighting or access to sunlight. It had not had a ventilation system either, and it had not been possible to air it properly because its windows could not open widely. Nor had the cell had a toilet; it had only been equipped with a bucket for sanitary needs. Following a serious deterioration in Mr Neshkov’s mental state as a result of the conditions in this cell, on 19 August 2002 the prison administration had moved him to cell no. 24, an isolation cell, where he had remained alone. This cell had not had a ventilation system or direct access to sunlight, because its window had been covered with a metal sheet. It had not had a toilet or any furniture apart from a bed. During his time in this cell – until 19 November 2002 – Mr Neshkov had not always been allowed to use the half-an-hour out-of-cell time permitted three times a day under his prison regime. After that he had been moved for a period of about eight or nine months to cell no. 19a, which had been two by two metres and had only been equipped with a bed and a bucket for sanitary needs. This cell’s window had been covered with a perforated metal sheet. The court said that the evidence presented by Mr Neshkov did not enable it to make any findings of fact in relation to the period after 19 August 2003.
33.  Based on these findings of fact, the Varna Administrative Court held that the state of affairs which lay at the origin of Mr Neshkov’s claim had come to an end on 19 August 2003. The applicable five-year limitation period had therefore expired on 19 August 2008, whereas Mr Neshkov’s claim had been lodged in April 2009. Therefore, in as much as it concerned the period before 19 August 2003, the claim was time-barred. In as much it concerned the period after that date, it was unproved: there was no evidence of either unlawful acts or omissions on the part of the prison authorities or of harm suffered by Mr Neshkov as a result of that.
34.  Mr Neshkov appealed on points of law. He argued, inter alia, that the Varna Administrative Court had completely disregarded part of the evidence and had erroneously found that there was no evidence in relation to the period after 19 August 2003. For instance, the prison administration had itself admitted that throughout Mr Neshkov’s stay in Varna Prison the cells had not been equipped with toilets or ventilation systems.
35.  In a judgment of 3 July 2012 (реш. № 9586 от 3 юли 2012 г. по адм. д. № 1247/2012 г., ВАС, ІІІ о.) the Supreme Administrative Court upheld the Varna Administrative Court’s judgment in the following terms:
“... [T]he [lower] court gathered all relevant evidence, analysed it in depth and in detail, and came to correct and lawful findings that are fully shared by this court.
Having elucidated the facts, the [lower] court was correct to hold that the latest date on which prison officials were proved to have carried out the impugned acts or omissions during the period under consideration was 19 August 2003. Not one piece of evidence concerns the period after that date. The court was therefore correct to hold that that was the point in time when the impugned acts and omissions of the [prison] administration had come to an end. ... [T]he five-year limitation period [therefore] started to run on that date and expired on 19 August 2008. In these circumstances, and given that the statement of claim was lodged on 24 April 2009, it was proper to hold that, regardless of the veracity or otherwise of the allegations about the period of time between 7 June 2002 and 23 April 2004, the claim concerning that period was time‑barred. As regards the remainder of the period – between 24 April 2004 and 20 May 2005 – the case file does not contain any evidence showing that the alleged unlawful acts and omissions of officials of Varna Prison have indeed taken place. The prerequisites for allowing a claim under section 1 of the [1988 Act] are not in place, and the lower court was right to reject the claim as unproved.”
36.  On 2 September 2011, following his extradition from Romania, Mr Tsekov was placed in Sofia Prison to serve a sentence of seven years’ imprisonment whose execution had started on 27 August 2008. He remained in this prison until 25 January 2012, when he was transferred to Burgas Prison. He arrived in Burgas Prison on 30 January 2012, and the same day was placed in Unit five, where he remained until 13 February 2014, when he was transferred to Stroitel open-type prison hostel, attached to Burgas Prison.
37.  Mr Tsekov alleged that the cells in which he was kept, first cell no. 317 and then cell no. 309 on the third floor, measured about four by five metres, making for a total surface of 20 square metres, and housed between fourteen and twenty-two inmates, which made for less than one square metre each. Since the cell had six triple-bunk and one double-bunk beds, six lockers, and three table, the actual amount of free space was even less, as low as 0.2 square metre per person. The Government did not provide any information in relation to cell no. 317, but said that cell no. 309 was 4.23 by 7.05 metres, which made for 29.82 square metres of surface. According to them, the number of inmates in the cell was thirteen, and the amount of space per inmate was 2.29 square metres. The cell had two windows close to the ceiling, one metre by fifty centimetres each, which allegedly did not allow direct sunlight into the cell or its proper ventilation. Since there were no cells for non-smokers, Mr Tsekov had to share the cell with smokers, which was allegedly particularly problematic for him in view of the lack of ventilation. According to the Government, the issue of smoking was being resolved amicably among the cellmates; according to Mr Tsekov, that was absolutely not the case. He said that the problem could not be solved as up to 90% of inmates in Burgas Prison were smokers. Mr Tsekov was not one, and he only received cigarettes from the outside to use them as currency, as was customary in the prison. He also said that there were four or five television sets in the cell that showed different programmes, which, given the little space available and the level of noise, made it impossible to watch television. There were no newspapers or magazines available in the prison either, and access to the poorly stocked library was only possible once a week.
38.  According to Mr Tsekov, there was no running water or toilet in the cell, and inmates had to use a bucket to relieve themselves at night, when the cell was locked. Mr Tsekov’s floor had only four Asian-type toilets without running water for the approximately two hundred and ten inmates housed on that floor, and only two or three showers, which often did not work (and, when they worked, had hot water only twice a week for four hours); as a result, inmates had to use small cans to bathe themselves. According to the Government, there was running water in the toilets, and hot water was made available twice a week for five hours. Mr Tsekov also said that cleaning the toilets was very hard because the prison administration did not supply enough cleaning products.
39.  According to Mr Tsekov, the prison canteen measured about four or five by fifteen metres and accommodated eighty people at the same time, which caused severe overcrowding and discomfort while eating. According to the Government, the number of inmates in the canteen during meals was between fifty and sixty. Mr Tsekov said that the quality of the food was very poor, and that outside food parcels did not compensate for that, especially since there were no refrigerators in which to store them. According to the Government, each inmate was provided with 2,622 calories a day, in line with official tables. Each inmate was entitled to receive five kilogrammes of food parcels a month and five kilogrammes of fruit and vegetables. According to Mr Tsekov, inmates were in practice given less than half of what was necessary in terms of food.
40.  Mr Tsekov alleged that there was no place in the prison for self‑cooking, sports or cinema. The Government said that self-cooking in the cells could not be allowed for hygiene reasons. They also said that in 2012 Mr Tsekov had been enrolled in a volleyball tournament, but had desisted after one match for health reasons. In February 2013 He had refused to take part in another tournament, again for health reasons. Mr Tsekov disputed these assertions. According to the Government, the outside walking area of the prison had bodybuilding equipment that the inmates could use, and the prison authorities regularly organised chess, backgammon, bridge and arm-wrestling contests. The prison was also equipped with a projection room, where the Advent and Evangelical churches showed religious films; Mr Tsekov had not expressed a wish to attend a projection. Mr Tsekov said that since his arrival in Burgas Prison there had been only one projection.
41.  Mr Tsekov also referred to the problems that he was encountering in relation to telephone communication with the outside world.
42.  Lastly, Mr Tsekov, who apparently had no health insurance, claimed that health care in prison was inadequate, with no qualified doctors but only a feldsher working on site, and no provision of medicines free of charge. An outside medical doctor visited the prison twice a week, and it was almost impossible to see him in view of the large number of inmates in the prison and the need to obtain an appointment. According to the Government, Mr Tsekov had on two occasions in 2011 and 2013 been treated in the prison hospital in Sofia and in a hospital in Burgas.
43.  Mr Simeonov entered Burgas Prison on 12 April 2012 to serve a sentence of two and a half years’ imprisonment; he was released on 15 July 2014. He was placed in unit four. On 7 December 2012, following a decision of the commission in charge of allocating prisoners, he was transferred to Zhitarovo open-type prison hostel, attached to Burgas Prison.
44.  Mr Simeonov alleged that the cell in which he was kept, cell no. 309 on the third floor, measured about twenty square metres and housed fifteen inmates. There was no running water or toilet in the cell. From eight o’clock in the evening until six o’clock in the morning, during which time the cell apparently remained locked, the inmates had to use buckets to relieve their needs. There were four toilets on the floor but access to them was limited as they were used by about two hundred inmates. According to the Government, cell no. 309 measured 29.82 square metres and housed thirteen inmates, which gave 2.29 metres per inmate.
45.  Mr Simeonov said that he was allowed to take a shower twice a week, between 1.30 p.m. and 5.30 p.m. However, the bathroom, which measured six square metres, featured only one shower and two sinks and usually the inmates used small cans to pour water on themselves. The size of the bathroom and the time allowed for showering made it impossible for all two hundred inmates who used the bathroom to shower properly. Immediately adjacent to the bathroom were the two litter containers for the entire floor.
46.  According to Mr Simeonov, many inmates in Burgas Prison suffered from tuberculosis as a result of the poor hygienic conditions there. He did not however allege that he had himself contracted the disease. According to the Government, in Burgas Prison there had been six registered cases of tuberculosis in 2012, four cases in 2013, and five cases in 2014. None of these had been in units four or five.
47.  Mr Simeonov also complained that telephone calls made from prison were expensive, that the food shop in the prison was overpriced, and that health care in the prison was inadequate.
48.  Since his incarceration in Bulgaria in 2007 Mr Yordanov has been placed successively in Sofia Prison (2007), Pleven Prison (2007-10), Lovech Prison (2010-12) and Atlant Prison Hostel in Troyan (2012‑present).
49.  Mr Yordanov was placed in Sofia Prison on 13 August 2007 in execution of a sentence of seventeen years’ imprisonment meted out by the Sofia City Court. According to him, he was not medically screened upon his arrival in prison. According to the Government, the prison’s medical journal showed that Mr Yordanov was medically examined on 13 August 2007 and found to be healthy, with no traces of violence. On 31 August 2007 Mr Yordanov was placed under the “strict” regime. He was initially allocated to prisoner group 8, the intake unit for new prisoners. On 11 September 2007 a special commission in charge of allocating prisoners decided to place him in group 2, where he remained until his transfer to Pleven Prison several weeks later (see paragraph 51 below).
50.  The Government submitted that on 31 August 2007 Mr Yordanov had been provided with two bed sheets, one pillow cover and two blankets. In reply, Mr Yordanov pointed out that this meant that he had had to do without these and sleep on a bare mattress for eighteen days, between 13 and 31 August 2007. He further submitted that he had not been provided with cutlery and had been forced, like the other detainees, to eat with his hands from random boxes that had come into his possession. Moreover, the prison was not equipped with enough tables and chairs, and as a result inmates had to eat sitting on their beds. The food that he was being provided was of very poor quality, often causing vomiting and diarrhoea. The Government did not contest these allegations.
51.  On 4 October 2007 Mr Yordanov was transferred to Pleven Prison.
52.  The Government submitted that on 11 October 2007 he was placed in prisoner group 6. Later he was placed in group 5, which consisted of convicted criminals. On 14 August 2008, following the re-opening of the criminal proceedings against him by the Supreme Court of Cassation on 20 February 2008 and the change in his procedural situation, he was placed in group 7, for persons awaiting trial. On 1 March 2010 he was placed in group 6, also for persons awaiting trial. When his conviction and sentence by the Sofia City Court became final on 20 April 2010, Mr Yordanov was placed in group 2, for convicted persons.
53.  Mr Yordanov submitted that following the re-opening of the proceedings against him by the Supreme Court of Cassation on 20 February 2008, he was transferred to the prison’s recidivists unit, and, in spite of his numerous complaints, was not moved from there until 2010. In support of this assertion he pointed out that two researches retained by his legal representative in these proceedings had visited Pleven Prison on 24 September 2014 and spoken with the prison’s deputy governor, who had said that there were currently no records on the allocation of prisoners in 2007-10. Both he and members of the prison staff had explained that at that time all prisoners without final convictions and sentences had been placed on the prison’s fourth floor, where their cells were separated by mere iron grills allowing free contacts between all inmates.
54.  When Mr Yordanov was transferred to Pleven Prison, the cells there were not equipped with in-cell toilets or running water. According to the Government, such toilets were installed on 1 September 2008. Thus, after the locking of his cell at about 8 p.m. each evening, he was forced to relieve himself in a bucket. According to a declaration by another inmate, the cells remained locked between 8.30 p.m. and 5.30 a.m. or 5.45 a.m. during weekdays and 6.30 a.m. on weekends. The cells were left unlocked until late at night, allowing access to the common toilets, only at times of epidemics of intestinal disorders in the prison. Initially, Mr Yordanov had been placed in a cell measuring 9.5 by 5.2 metres that he had shared with fifteen to twenty-two other inmates. After Christmas 2007 he had been placed in a cell measuring 5 by 4 metres that he had shared with five or six other inmates. Both cells had been equipped with one bucket of about ten litres.
55.  The Government conceded that in 2007 Pleven Prison had been overcrowded. The total floor space of the prison building was 984.02 square metres. In 2007, it was occupied by six hundred and seven prisoners; in 2008, by four hundred and forty-four prisoners; in 2009, by three hundred and eighty-seven prisoners; and in 2010, by five hundred and one prisoners. The surface of the fourth floor, where Mr Yordanov was kept, was 149.88 square metres. In 2007, it was occupied by seventy-six prisoners; in 2008, by fifty-six prisoners; in 2009, by forty-two prisoners; and in 2010, by thirty-six prisoners. The Government nevertheless submitted that at that time conditions in this prison had been fully compliant with the applicable legal framework and pointed out that, while Mr Yordanov had filed six complaints with the prison authorities, he had not complained in terms of the conditions of his detention there. In reply, Mr Yordanov said that he had not made such complaints because conditions in the prison had been the same for all prisoners, but that, as evident from a complaint that he had filed on 19 January 2010, he had sought a transfer to Vratsa Prison precisely because of the poor conditions in Pleven Prison. That transfer request had been denied by the prison authorities.
56.  On 22 July 2010 Mr Yordanov was transferred to Lovech Prison. He was initially placed in prisoner group 3, and then in prisoner groups 2, 10 and 1.
57.  Mr Yordanov alleged that the conditions of his detention in this prison were as poor as in the previous two prisons. He said that in winter heating had been turned on only twice a day for about twenty minutes. As a result of that and of the fact that the windows did not close properly, the temperature in the cell never went above 14 degrees Celsius. The Government submitted that the heating boilers in Lovech Prison had been fired twice a day, for about two and a half to four hours. If Mr Yordanov had had a problem with the window in his cell, he should have brought that to the attention of the responsible prison officials, who would have taken steps to tackle it. Mr Yordanov retorted that, while he could not say for how long the boilers had been fired each day, the amount of time during which the radiators in his cell had been warm was a mere twenty minutes.
58.  Mr Yordanov also submitted that he had worked in the prison’s workshop, which was not properly heated in winter either. The Government submitted that the workshop had been heated with wood-burning stoves, and when necessary also with electrical heaters.
59.  Mr Yordanov further submitted that the toilets had been very dirty. The Government submitted that it was the inmates’ duty to keep the premises clean, and that the prison authorities provided them with cleaning products for that. Mr Yordanov retorted that, in view of the small amounts and the low quality of the cleaning products provided by the prison authorities, it had not been possible properly to clean the toilets.
60.  Mr Yordanov alleged that inmates who had spent less than three years in prison had no health insurance, and as a result did not get proper medical treatment. He said that as a result of the poor conditions of his detention he was suffering from chronic colitis and periodontitis, and had lost four teeth. The Government submitted that, while in Lovech Prison, Mr Yordanov had visited a dentist twice, on 30 July 2010, when he had had a tooth extracted in order to treat his periodontitis, and on 21 February 2011, when he had been prescribed medication for bleeding in the gums. Mr Yordanov retorted that although he had not been health insured during his stay in Pleven Prison, the resident dentist there had provided him with the necessary medication free of charge. However, in Lovech Prison, despite being already health insured, he was not provided with medication free of charge, and experienced great difficulties in obtaining that medication.
61.  On 21 January 2012 Mr Yordanov was transferred to Atlant Prison Hostel, a closed-type prison hostel in Troyan attached to Lovech Prison. He complained of overcrowding and said that the conditions there were similar to these in the prisons in which he had been housed before that. According to two declarations by other inmates submitted by Mr Yordanov, in 2013 and 2014 he was kept in a cell measuring 62.8 square metres together with between fourteen and twenty-two inmates. The cell had ten bunk beds and a toilet in the corner, all of which further reduced the amount of living space. The Government submitted that Atlant Prison Hostel was one of the best heated prison hostels in the country and that the temperature in the living quarters was always adequate. An inmate was designated as responsible for the heating central and took constant care of it, even remaining there overnight.
62.  In late 2010 Mr Yordanov brought a claim under section 1 of the State and Municipalities Liability for Damage Act 1988 (see paragraph 125 below) in relation to the conditions of his detention in Sofia Prison earlier that month. He sought BGN 1,000 in non-pecuniary damages. In a judgment of 10 April 2012 (реш. № 1997 от 10 април 2012 г. по адм. д. № 9619/2010 г., АС-София град) the Sofia City Administrative Court found that the conditions of Mr Yordanov’s confinement in Sofia Prison between 15 and 17 December 2010 – lack of glazing on the windows during a very cold winter period, poor hygiene, and lack of proper separation between the in-cell toilet and the rest of the cell – did not meet the minimum standards laid down in the Execution of Punishments and Pre-Trial Detention Act 2009 and the regulations for its application (see paragraphs 107-120 below). The court also had regard to Article 3 of the Convention. Taking however into account the small amount of time – less than forty-eight hours – that Mr Yordanov had spent in these conditions, the court decided to award him BGN 100. The Chief Directorate for the Execution of Punishments appealed, and in a judgment of 4 April 2013 (реш. № 4688 от 4 април 2013 г. по адм. д. № 7759/2012 г., ВАС, III о.) the Supreme Administrative Court fully upheld the lower court’s judgment.
63.  On 13 April 2011 Mr Yordanov brought another claim under section 1 of the 1988 Act (see paragraph 125 below) in relation to the conditions of his detention in a transfer cell in Sofia Prison on 3-7 April 2011 and the failure of the prison authorities to provide him a hot meal on 7-8 April 2011. He sought BGN 1,000 in non-pecuniary damages in relation to the stress endured by him on account of the poor conditions in the cell, BGN 1,000 in non-pecuniary damages in relation to the fact that the cell had been infested with rats, and BGN 1,000 in non-pecuniary damages in relation to the failure to provide him with a hot meal. In a judgment of 1 April 2013 (реш. № 2146 от 1 април 2013 г., по адм. д. № 3060/2011 г., АС-София-град) the Sofia City Administrative Court, having regard to, inter alia, Article 3 of the Convention, found that the poor conditions in the cell in which Mr Yordanov had been kept, the presence of rats in that cell, and the lack of proper food had caused him non-pecuniary damage. The court awarded him BGN 100 in respect of the first head of claim, BGN 300 in respect of the second head of claim, and BGN 100 in respect of the third head of claim. In a judgment of 17 January 2014 (реш. № 619 от 17 януари 2014 г. по адм. д. № 9147/2013 г., ВАС, ІІІ о.) the Supreme Administrative Court quashed that judgment and partly dismissed the claim and partly remitted the case. It held, by reference to this Court’s judgment in Shahanov v. Bulgaria (no. 16391/05, 10 January 2012), that the lower court had erred by dealing with the first and second heads of claim separately. The proper approach was to analyse them in combination and focus on their cumulative effect on the inmate’s well-being. That part of the case was therefore to be remitted. The head of claim concerning the failure to provide Mr Yordanov with a hot meal was, for its part, unfounded, because there was evidence that he had been provided with a sufficiently calorific food package instead. The proceedings on remittal are apparently still pending.
64.  In 2012 Mr Yordanov brought a claim under section 1 of the State and Municipalities Liability for Damage Act 1988 (see paragraph 125 below) in relation to the conditions of his detention in Stara Zagora Prison, through which he had been transferred on 21 and 22 May 2012. He alleged that there he had been subjected to ill-treatment because he had at first been put for about an hour together with fifteen other inmates in a cell measuring two by two metres, and then moved to a cell measuring two and a half by two and a half metres, which he had had to share with three other inmates. This cell had had no running water, toilet or proper access to sunlight and air. In a judgment of 11 March 2013 (реш. № 92 от 11 март 2013 г. по адм. д. № 800/2012 г., АС-Велико Търново) the Veliko Tarnovo Administrative Court dismissed the claim, noting that section 43(3) of the Execution of Punishments and Pre-Trial Detention Act 2009, which laid down a minimum requirement of four square metres of floor space per prisoner, as well as regulation 20(3) of the regulations for the application of this Act, which made the availability of in-cell toilets and running water mandatory, had not yet come into force (see paragraphs 115, 118 and 119 below). The prison authorities had therefore not acted unlawfully by putting Mr Yordanov in the two cells. Mr Yordanov appealed. In a judgment of 17 February 2014 (реш. № 2204 от 17 февруари 2014 г. адм. д. № 5584/2013 г., ВАС, ІІІ о.) the Supreme Administrative Court quashed the lower court’s judgment and remitted the case. It noted that the lower court had constituted as a co-defendant the administration of Stara Zagora Prison, which could not be a proper defendant to a claim under section 1 of the 1988 Act. Its judgment was therefore inadmissible. The proceedings on remittal are apparently still pending.
65.  Mr Zlatev has been detained in Burgas Prison since 10 September 2002 in execution of a fourteen-year sentence of imprisonment. In the course of his imprisonment there, he was moved between different units. According to information supplied by the Government, on 24 January 2005 he was placed in unit two, which was a high-security unit. On 22 June 2005 he was moved to unit four, but on 5 May 2006 was moved back to unit two. On 11 April 2007 he was transferred to Zhitarovo open-type prison hostel, attached to Burgas Prison, but on 14 December 2007 moved back to unit four. On 14 March 2008 he was moved to unit eight. On 16 June 2008 he was once again transferred to Zhitarovo open-type prison hostel. On 18 January 2009 he escaped, but was re-captured on 23 April 2009. On 8 May 2009 he was against placed in unit two, the high-security unit. On 1 June 2009 he was moved to unit eight, on 4 June 2010 to unit seven, on 13 January 2012 to unit five, and on 3 October 2013 to unit three.
66.  In 1980 or 1984 Mr Zlatev’s left hand was amputated at the wrist following a trauma suffered as a conscript in the army. Since 1983 he has been suffering from bronchial asthma. Since his incarceration he has been admitted to the prison hospital in Lovech for treatment of his asthma at least seven times, the latest apparently being in May-June 2011. According to the Government, Mr Zlatev was being provided with the requisite medical care and medicines.
67.  Mr Zlatev complained of overcrowding and said that his cell measured fifteen square metres and housed twenty inmates. He alleged that there was insufficient light in the cell and that the inmates had to use buckets to relieve their needs at night. He also submitted that there were only four Asian-type toilets, two sinks and one shower on his floor, for one hundred and seventy-seven inmates. According to the Government, the toilets were disinfected with chlorine solution once a month.
68.  Mr Zlatev also complained of the allegedly poor hygiene in the prison canteen. According to him, as a result inmates routinely suffered from stomach and intestinal infections. According to the Government, hygiene in the prison canteen was maintained by four inmates assigned to that task by the prison governor. They cleaned the canteen four times a day, after each meal. Once a week the canteen was disinfected with chlorine tablets. Between 2012 and 2014 there had been no registered cases of intestinal disorders among the inmates of groups four and five.
69.  On 22 March 2013 Mr Zlatev poured boiling water on his left leg, either as a result of an incident or as an act of self-harm. He was urgently sent to a hospital in Burgas, and then moved to the special prisoners’ hospital in Sofia, where he was treated between 23 March and 5 April 2013. After his return to the prison he behaved in an aggressive and suicidal way, which made it necessary to place him in psychiatric institutions for inmates between 19 April and 7 May 2013, 17 and 23 June 2013, and 23 August and 12 September 2013. On 8 October 2013 a special medical commission found that he was to be classified as 84% handicapped, based on his missing left hand, the injuries to his legs following the incident of 22 March 2013, and his mental problems.
70.  In October 2014 Mr Zlatev swallowed four needles and, following pain in the stomach, on 20 October 2014 he was urgently hospitalised in a hospital in Burgas, where he underwent surgery of the abdomen. He was discharged from this hospital on 29 October 2014 and placed in a constantly locked cell in unit two, the high-security unit.
71.  A delegation of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (“the CPT”) visited Bulgaria from 10 to 21 September 2006. In its ensuing report (CPT/Inf (2008) 11), published on 28 February 2008, the CPT noted the following in relation to, in particular, overcrowding in Pleven Prison (footnotes omitted):
“63.  Prison overcrowding in Bulgaria remains a matter of serious concern. At the time of the 2006 visit, the total number of prisoners stood at around 11,500 whereas the maximum official capacity (calculated on the basis of 6 m² of living space per prisoner) was 5,828. According to statistics provided by the General Directorate for the Execution of Punishments, overcrowding in the prison system averaged 197% and in some prisons (e.g. Burgas and Pleven) it surpassed 300%.”
72.  A delegation of the CPT visited Bulgaria from 18 to 29 October 2010. In its ensuing report (CPT/Inf (2012) 9), published on 15 March 2012, the CPT noted the following (footnotes, save for footnote 26, omitted):
“106.  ... Varna Prison is an establishment for adult men (on remand and sentenced), comprising a closed prison and two open-type prison hostels. The building of the closed prison was constructed in the late 1920s in what were at the time the outskirts of Varna and is now one of the residential areas of the city. With a capacity of 350 places, on the first day of the visit the closed prison was holding 528 prisoners, of whom 82 were on remand and the remainder were sentenced (including 18 life‑sentenced prisoners).
... 107.  In the closed prison, prisoner accommodation was provided in a cross-shaped building on three levels, with three of the wings containing a total of some 70 cells of varying sizes and the fourth wing being occupied by the medical centre, cinema hall and visiting rooms. Inmates were distributed into nine groups according to legal criteria and regime[: [o]n the ground floor, Group 1 (sentenced prisoners with health problems and working prisoners), Group 2 (sentenced working prisoners) and Group 3 (lifers and other prisoners under special regime). On the first floor, Group 4 (admission unit and prisoners on remand), and Groups 5 and 6 (remand prisoners). On the second floor, Groups 7, 8 and 9 (sentenced prisoners).].
The situation was marked by extreme overcrowding, which exacerbated the already problematic material conditions of an obsolete building constructed 80 years previously and had negative repercussions for all other aspects of life. In most cells, the space available per prisoner was at best around 2 m² and was on occasion little more than 1 m² per person. The worst conditions were observed on the top level of the building (Groups 8 and 9). The cells were packed with two or three-tier bunk beds, the distance between the third level of the beds and the ceiling being only some 50 cm. In the larger cells, prisoners had hung blankets around the beds in order to create some privacy; as a result, the cells looked like a labyrinth of screened-off areas, which made control by staff difficult. Further, access to natural light and ventilation were problematic because of the overcrowding and the related effects.
Due to the lack of financing, no major refurbishment had been carried out for years, and the building was very dilapidated (walls damaged by dampness, broken floor surfaces, missing window panes, faulty electrical wiring). With the exception of a few cells (e.g. those accommodating working prisoners in Groups 1 and 2), the general hygiene was poor and prisoners complained about infestation with cockroaches and other vermin. Further, the state of the beds and bedding was far from adequate, and the delegation noted that a few prisoners had no mattress and bed linen. 108.  One of the three accommodation wings, that holding Groups 2, 5 and 8, had had in-cell sanitation (a WC and sink) installed a few years previously. However, the partitioning – there was a only a low wall on one side of the WC – was clearly inadequate.
The remainder of the cells had no integral sanitation. During the day, prisoners could circulate around their units and access to a toilet was not a problem (each unit had a common sanitary facility). However, at night, low staffing levels resulted in failure to provide access to toilets, and prisoners relied on buckets inside their cells. Further, in the admission unit, prisoners were locked up in their cells and were reportedly taken out to the toilet only three times a day. It should also be noted that the common sanitary facilities were dilapidated, dirty and insufficient for the numbers held (e.g. in Group 1, there was one toilet and two sinks for some 60 inmates; in Group 7, two toilets and three sinks for some 100 prisoners). 109.  Prisoners could take a shower once a week (and those who worked on a daily basis). The bathroom, located in the basement of the building, was dark and dilapidated (broken window panes, missing sprinklers, damaged walls and floor surfaces). As at Plovdiv Prison, there was no centralised provision of sanitary items other than soap.
The prison laundry had limited and obsolete equipment (two washing and two drying machines), and prisoners were obliged to wash and dry their clothes in the cells. 110.  The accumulation of the above-mentioned negative factors (extreme overcrowding, problematic access to the toilet, unhygienic conditions) could easily lead to a situation amounting to inhuman and degrading treatment.
The Director of Varna Prison informed the delegation that a plot of land had been found for a new prison, but there were no plans to start construction due to the lack of funding. As previously mentioned, the new Law on the Implementation of Sentences and Preliminary Detention provides for a minimum of 4 m² of living space per prisoner, a standard which should start to apply from 2012. Given the present state of Varna Prison and the absence of plans for its refurbishment or extension, it is difficult to see how the Bulgarian authorities can comply with this standard by the deadline set.
The CPT recommends that the Bulgarian authorities do everything within their powers in order to provide a lasting solution to the problem of overcrowding at Varna Prison and the other ensuing deficiencies. Given the state of dilapidation of the building, the replacement of Varna Prison should be considered as a priority. In the meantime, the Committee recommends that steps be taken at Varna Prison to:
–  remove the third tier of the bunk beds;
–  ensure that each prisoner has a mattress, blankets and bed linen;
–  ensure that all prisoners have ready access to the toilet and to discontinue the use of buckets;
–  improve the state of the common sanitary facilities;
–  provide the in-cell toilets with a full partition;
–  refurbish and enlarge the prison bathroom;
–  increase the frequency of showers for inmates, in the light of Rule 19.4 of the European Prison Rules;
–  ensure that all inmates have access to a range of basic hygiene products and are provided with materials for cleaning the cells;
–  ensure that the disinfection of the establishment’s premises is carried out in an effective manner and at suitable intervals. 111.  The delegation received many complaints about the poor quality and insufficient quantity of the food. Eggs, dairy products and fruit were rarely on the menu. Prisoners supplemented their diet through food parcels from their families and by buying foodstuffs from the prison shop. It is also striking that all products – including bread – were centrally supplied from Sofia (nearly 500 km away) on a daily basis.
Meals were served in a dining room situated in the basement of the building.
The CPT recommends that steps be taken to review the quality and quantity of the food provided at Varna Prison.”
73.  A delegation of the CPT visited Bulgaria from 4 to 10 May 2012. In its ensuing report (CPT/Inf (2012) 32), published on 4 December 2012, the CPT noted the following (footnotes omitted):
“2.  ... the Committee has recently received reports pointing to ever-worsening conditions in Varna Prison as well as to very poor conditions of detention in Burgas Prison, an establishment last visited by the CPT in 2002. The CPT therefore decided to visit Bulgaria in order to examine on the spot the steps taken by the authorities to implement the relevant recommendations of the Committee contained in the reports on previous visits, and in particular to examine the current treatment and conditions of detention of inmates held at Burgas and Varna Prisons.
... 6.  ... The CPT is concerned to note that, at Burgas Prison, staff tried to create an unrealistic impression by both concealing certain problems and attempting to mislead the delegation. Additionally, staff attempted to find out which prisoners the delegation had spoken to and who had provided information in relation to allegations of ill‑treatment. Staff even threatened a number of prisoners that it would not be in their interest to talk further with the delegation. Such action is entirely incompatible with the principle of co-operation, which lies at the heart of the Convention, as well as with the confidentiality that applies, by virtue of the Convention, to the Committee’s interviews with detained persons.
... 7.   ... the CPT is extremely concerned that little or no progress has been made as regards a number of problems highlighted in the reports on the Committee’s previous visits, e.g. as regards the treatment of prisoners by prison staff, inter-prisoner violence, prison overcrowding, health care provision for prisoners, use of restraint, material conditions, prison staff levels, discipline and segregation, and contact with the outside world.
... 10.  At the outset, the General Director of the Main Directorate of Execution of Sanctions (‘GDIN’) acknowledged that, since the last CPT visit in 2010, very little progress had been made concerning the reform of the prison system. He stated that the economic crisis had prevented the implementation of various projects and hampered the emerging efforts noted during the 2010 visit. By way of example, no major investment had been made to improve material conditions in prisons and the delegation was informed that the application of the legal requirement of 4 m² of living space per prisoner (initially delayed until 2012) is likely to be further delayed, this time, to 2019. In addition, no significant improvements had been made as regards the provision of work to prisoners.
Overcrowding remains a major problem in Bulgaria’s penitentiary system, with the prison population again on the rise (9,788 at the time of the 2012 visit). The delegation observed disturbing levels of overcrowding in all sections of the two prisons visited (see paragraph 22). At the same time, it appeared, from the information provided by the authorities, that recourse to probation had remained at the same level, and that the use of early release had only slightly increased since the 2010 visit.
As for the plans to build three new prisons in Bulgaria (respectively in Burgas, Varna and Sofia), their implementation has been postponed. 11.  The CPT fully understands that the general economic situation in Bulgaria is hindering plans to upgrade and more specifically enlarge the prison estate. That said, even if economic circumstances were more favourable, the CPT doubts that providing additional accommodation would in itself offer a lasting solution to the problem of prison overcrowding. Any strategy for the sustainable reduction of the prison population must include a variety of steps to ensure that imprisonment (whether awaiting trial or following conviction) really is a measure of last resort. This implies, in the first place, an emphasis on non-custodial measures in the period before the imposition of a sentence and the availability to the judiciary, especially in less serious cases, of alternatives to custodial sentences together with an encouragement to use those options. Further, the adoption of measures to facilitate the reintegration into society of persons who have been deprived of their liberty could reduce the rate of re‑offending.
The CPT calls upon the Bulgarian authorities to redouble their efforts to combat prison overcrowding by implementing policies designed to limit or modulate the number of persons sent to prison. In so doing, the Bulgarian authorities should be guided by Recommendation Rec(99)22 of the Committee of Ministers of the Council of Europe concerning prison overcrowding and prison population inflation, Recommendation Rec(2000)22 on improving the implementation of the European rules on community sanctions and measures, Recommendation Rec(2003)22 on conditional release (parole), Recommendation Rec(2006)13 on the use of remand in custody and the provision of safeguards against abuse, and Recommendation Rec(2010)1 on the Council of Europe Probation Rules.
In addition, the CPT recommends that efforts be made to step up the training provided to prosecutors and judges, with a view to promoting the use of alternatives to imprisonment. 12.  The CPT is also very concerned by the lack of progress as regards prison staffing levels; they remained totally insufficient to provide a solid foundation for improving the treatment of prisoners. In fact, the present inadequate staff levels, combined with the ever-increasing overcrowding, can have serious consequences for the overall security of the prisons and the personal security of both staff and inmates (see paragraph 52). 13.  Further, the CPT was struck by the very large number of allegations of corrupt practices by prison staff received at Burgas and Varna Prisons; its delegation gained the distinct impression that corruption was endemic at both establishments. As regards Burgas Prison in particular, the phenomenon appeared to extend to senior management. The allegations referred to prisoners being asked to pay money to prison/medical staff in order to be allowed to benefit from services provided for by law (e.g. access to medical care, transfer to a hospital, transfer to prison hostels, early release) or to be granted certain privileges (access to work for instance). Irrespective of whether each and every allegation is well-founded, the frequency, consistency and seriousness of the allegations received during the visit is a clear indication of a major problem. The CPT wishes to stress that the widespread conviction alone of the existence of a culture of corruption in a place of detention brings in its wake discrimination, violence, insecurity and, ultimately, a loss of respect for authority. The CPT calls upon the Bulgarian authorities to take decisive action to combat the phenomenon of corruption in all prisons. Prison staff and public officials associated with the prison system should be given the clear message that seeking advantages from prisoners or their relatives is not acceptable; this message should be reiterated in an appropriate form at suitable intervals.
In this connection, it recommends that a comprehensive and independent inquiry be conducted into allegations of corruption in Burgas and Varna Prisons; the CPT would like to be informed of the outcome of the above‑mentioned inquiry and of the action taken as a result.
... 19.  The delegation received many allegations of inter-prisoner violence at both Burgas and Varna Prisons (including verbal and physical intimidation), and even witnessed itself such episodes. This was hardly surprising considering the combination of severe overcrowding and extremely low staffing levels at both establishments.
Despite long-standing recommendations on this issue, the findings from the 2012 visit suggest that very little progress has been made to tackle inter-prisoner violence. The Committee must stress again that the duty of care which is owed by the prison authorities to prisoners in their charge includes the responsibility to protect them from other prisoners who might wish to cause them harm. In particular, prison staff must be alert to signs of trouble and be both resolved and properly trained to intervene. Such a capacity to intervene will of course depend, inter alia, on an adequate staff/prisoner ratio and on providing all staff members with appropriate initial and advanced training. In addition, the prison system as a whole may need to develop the capacity to ensure that potentially incompatible categories of prisoners are not accommodated together. The CPT calls upon the Bulgarian authorities to develop a national strategy to address the problem of inter-prisoner violence, with a view to ensuring that all prisoners are detained under safe conditions.
... 21.  At the outset, it must be stressed that the material conditions in which prisoners were obliged to live in these two obsolete prisons, often for years on end, are a matter of serious concern for the CPT. As regards more particularly the closed section of Varna Prison, very little had been done to implement the recommendations made by the CPT after its visit in 2010. 22.  At the time of the visit, there were 560 inmates in the closed section of Varna Prison for an official capacity of 350, of whom 87 were on remand and the remainder were sentenced (including 19 life-sentenced prisoners). As for Burgas Prison, it was accommodating 940 inmates in the closed section for an official capacity of 371, of whom 125 were on remand and the remainder were sentenced (including 27 life‑sentenced prisoners).
As could only be expected in the light of the figures just given, the overwhelming majority of the inmate accommodation was extremely overcrowded. At Varna Prison, living space per prisoner was at best around 2 m² and, in several dormitories, was a mere 1 m². At Burgas Prison, the situation was even worse, with less than 1 m² of living space per prisoner in many dormitories. Unsurprisingly, not every inmate had a bed and some prisoners were obliged either to share one or to sleep on a mattress placed on the floor.
Such an outrageous level of overcrowding can be considered in itself to be inhuman and degrading from a physical standpoint (notwithstanding the fact that most prisoners could circulate in the corridors for much of the day). The situation was aggravated by the fact that both prisons were in an advanced state of dilapidation and insalubrity. It should be noted in this regard that the cells were infested with all sorts of cockroaches, bugs and other vermin. 23.  At both prisons, most prisoners had access during the day to the common sanitary facilities, located in the corridors (typically a trough with taps, and floor‑level-type toilets with no flushing system). However, these facilities were very dilapidated and filthy, and, in some cases, there were leakages from the sewage pipes to the floor below. At night, inmates had to resort to buckets inside the cells.
As for prisoners in the admission units, they remained locked up in their cells with access to a proper toilet only three times a day. A small number of cells at Varna Prison had been equipped with in-cell sanitation but without a partition. 24.  Prisoners at both prisons could take a shower twice a week, which represents a positive development as compared to the situation observed in the past. Having said that, at Varna Prison, the prison shower room remained in a dilapidated and unhygienic state. The shower rooms at Burgas [P]rison were also dilapidated (some had broken window panes, there were usually no showerheads, the walls and surfaces were damaged) and dirty.
The only personal hygiene item provided to prisoners at both prisons was one small bar of soap per month. 25.  In conclusion, the material conditions at Burgas and Varna Prisons were totally unacceptable and as such could be considered as inhuman and degrading.
The delegation was informed that, at Varna Prison, there were plans to refurbish ‘Razdelna’ prison hostel with a view to turning it into a closed-type facility and decrease the overcrowding in the closed prison. As regards Burgas Prison, a former police and fire-brigade building located in the village of Debelt, some 18 km away, was to be refurbished and transformed into a closed-type facility, with an intended capacity of some 400 inmates; some refurbishment work had already been carried out, but had stopped due to the lack of funding.
However, it is clear that fully resolving the current situation at Burgas and Varna Prisons will require more radical steps to be taken. The replacement of these two outdated and dilapidated prisons by new establishments is the only viable long-term solution. In this regard, the CPT wishes to receive a realistic assessment of when the plans for new prisons in Burgas and Varna are likely to come to fruition (cf. paragraph 10 above). In the meantime, resolute action must be taken to reduce overcrowding at Burgas and Varna Prisons. In this connection, the highest priority should be given to the projects referred to in the previous sub-paragraph. Of course, effective implementation of the general recommendation set out in paragraph 11 is also of crucial importance in this context.
Moreover, the Committee recommends that steps be immediately taken at Burgas and Varna Prisons to:
–  ensure that each prisoner has a bed, a clean mattress, as well as blankets and bed linen (washed at regular intervals);
–  ensure that all prisoners have ready access to a proper toilet facility at all times, including at night; resort to buckets should be abandoned;
–  improve the state of the communal sanitary facilities;
–  provide any in-cell toilets with a full partition to the ceiling;
–  fully refurbish the prisons[‘] bathrooms, and to enlarge the facility at Varna Prison;
–  ensure that all inmates have access to a range of basic hygiene products and are provided with materials for cleaning their cells;
–  ensure that the disinfection of the establishments’ premises is carried out in an effective manner and at regular intervals. 26.  In both Burgas and Varna Prisons, with the exception of the high security and admission units, cell/dormitory doors were open during the day and prisoners could move freely within their respective units, thereby offering some relief from the appalling conditions of their accommodation. All inmates could have TV and radio in their cells, and had access to a library, a cinema and a multi-faith area. However, the majority of inmates at both prison were left in idleness most of the time due to the insufficient provision of organised activities. 27.  At Burgas Prison, 84 sentenced prisoners had work, essentially in the mechanical workshops, and on general prison maintenance services (which represented some 9 % of all prisoners).
Schooling activities had also been introduced in September 2011 and were offered to 69 inmates.
As regards other activities, computer courses were organised, as well as small workshops (sculpture, modelling, confection of jewellery). Inmates also had access to religious services. 28.  At Varna Prison, work was offered to 110 sentenced prisoners, essentially in the mechanical and furniture workshops, and on cleaning tasks (representing some 17% of all prisoners).
Schooling activities had been introduced in September 2011 and was offered to 32 inmates, including one life-sentenced prisoner (see also paragraph 38). 29.  At Burgas Prison, outdoor exercise was taken one hour twice a day for each group of prisoners, in two large yards, equipped with fitness devices and benches. This contrasted with the situation at Varna Prison where inmates had only one hour of outdoor exercise per day. In both prisons, inmates had one hour’s access per week and per group to a yard where they could play football. 30.  In the light of the above remarks, the CPT recommends that the Bulgarian authorities pursue their efforts to develop activity programmes for inmates at Burgas and Varna Prisons, in particular as regards work, educational and vocational activities, taking into consideration the specific needs of different groups of the inmate populations. The CPT also reiterates its recommendation that outdoor exercise and sports facilities be expanded at Varna Prison.
In addition, exercise yards at both prisons should be equipped with protection from the sun and rain. 31.  At both establishments, the delegation was inundated with complaints about the poor quality and insufficient quantity of food. Eggs, dairy products and fruit were in particular rarely on the menu. The CPT calls upon the Bulgarian authorities to take steps to review the quality and quantity of the food provided at Burgas and Varna Prisons.
The kitchens (as well as the prison dining hall at Varna) were located in the basements of the establishments. Like the rest of the buildings, they were dilapidated and unhygienic with walls and ceilings covered with mould, and leaking and over‑flowing sewage pipes generated a serious health risk and caused lingering putrid smells.
The Committee recommends that the Bulgarian authorities take measures, without delay, to entirely refurbish the kitchens at both establishments. Consideration should be given to relocating the kitchens from the basements.
... 40.  The provision of health-care was very problematic at both prisons due to an extreme shortage of staff and resources. The delegation was submerged by complaints about difficulties in having access to prison medical staff, inadequate quality of care (including dental care), problematic access to outside specialists/hospitals (in particular for insurance reasons) and delays in transfer to outside hospitals.
At Varna Prison, the health-care staff consisted of a general practitioner ─ who had just returned to his duties after a lengthy period of sick leave ─ and a feldsher, both working full-time. The doctor from the nearby prison hostel ‘Razdelna’ had been ensuring medical cover when the feldsher was absent. The psychiatrist’s post had been vacant since January 2011. A part-time dentist was present for two hours, five days a week. No qualified nurse was present at the establishment. To sum up, since January 2011, the establishment’s needs in terms of health-care had been covered essentially by a single feldsher. The delegation was impressed by her professionalism and commitment, which was also recognised by inmates; nevertheless, the fact that no arrangement was found to compensate the absence of the GP for at least 18 months is unacceptable.
Burgas Prison employed a dentist, a feldsher, and a dental nurse, all working full‑time. There were two vacancies: a post of general practitioner, and a post of psychiatrist. A general practitioner had been contracted and visited the prison two hours per day (Monday to Friday) but was only available to prisoners with health insurance. Needless to say such staff resources are totally inadequate to meet satisfactorily the health-care needs of more than 1,000 prisoners.
Despite previous CPT’s recommendations, there was still no staff with a recognised health-care qualification present at night or during weekends at either prison. 41.  The above-mentioned staffing situation rendered virtually impossible the provision of health care worthy of the name in the establishments visited. Further, there was an over-reliance on feldshers, causing them to practise beyond the limits of their competence.
In the light of the above, and taking into account the long-standing recommendations of the CPT in this field, the Committee calls upon the Bulgarian authorities to considerably reinforce the health-care teams at both Burgas and Varna Prisons. More specifically:
–  the vacant post of doctor should be filled without delay at Burgas Prison, and the equivalent of a full-time post of doctor should be ensured at Varna Prison;
–  at least three full-time qualified nurses should be immediately recruited at Burgas Prison and two at Varna Prison;
–  determined efforts should be made to fill the vacant posts of psychiatrist at both prisons;
–  someone qualified to provide first aid, preferably with a recognised nursing qualification, should always be present on the premises of Burgas and Varna Prisons, including at night and weekends;
–  steps should be taken to ensure that prisoners in need of diagnostic examination and/or hospital treatment are promptly transferred to appropriate medical facilities. 42.  The importance of medical screening of newly arrived prisoners cannot be over‑emphasised. It is indispensable, in particular in the interests of preventing the spread of transmissible diseases, suicide prevention, and ensuring the timely recording of any injuries.
At Burgas Prison, the medical examination on admission took place immediately upon admission. By contrast, delays of up to seven days were observed at Varna Prison. At both establishments, the medical examination was cursory, consisting merely of asking the prisoner questions about previous diseases, and taking his pulse and blood pressure.
As regards screening for transmissible diseases, both establishments were visited twice monthly by an NGO, on a voluntary basis, to perform HIV, Syphilis and Hepatitis B and C testing. In addition, a TB screening questionnaire was completed on each admission at Burgas Prison, and a Mantoux test and a chest X-Ray would be performed in case of doubt. At both prisons the results were only provided to the prisoners concerned and not to the prison health-care staff. At Burgas Prison, only positive blood tests would be recorded, all negative results being immediately destroyed and no information kept.
The CPT recommends that steps be taken to ensure strict adherence to the rule that all prisoners must be seen by a health-care staff member immediately upon arrival, as specified in the law. The medical examination on admission should be comprehensive, including a physical examination. In addition, for control of transmissible diseases to be effective, efforts should be made to ensure that all those involved co-ordinate their action in the best possible way. 43.  No specific screening for injuries was performed upon arrival or after a violent episode in prison, and very limited medical information could be found at Varna Prison, and nothing at Burgas Prison, in this respect. Further, it appeared that reporting of injuries depended on the prisoner concerned making a specific request, usually to the social worker, on a special form (a copy of the form was not kept in the medical file). There appeared to be no systematic reporting of traumatic injuries to the Main Directorate for the Execution of Sanctions.
In the light of the above, the CPT reiterates its recommendation that steps be taken to ensure that prison health-care services perform a thorough screening of newly-arrived prisoners for injuries. In this context, the report completed by the doctor should contain, in addition to a detailed description of injuries observed, any allegations made by the prisoner concerned and the doctor’s conclusions as to the consistency between those allegations and the objective medical findings. Further, whenever injuries are recorded which are consistent with allegations of ill-treatment made by a prisoner (or which, even in the absence of allegations, are indicative of ill-treatment), the record should be systematically brought to the attention of the relevant prosecutor. Moreover, the results of every examination, including the above-mentioned statements and the doctor’s conclusions, should be made available to the prisoner and his lawyer.
The same approach should be followed whenever a prisoner is medically examined following a violent episode in prison.
... 45.  Further, in order to get access to the medical staff, prisoners had to ask the prison staff on duty and many prisoners had doubts as to whether such requests were indeed forwarded to the health-care units. The CPT wishes to stress that prisoners should be able to approach the health care service on a confidential basis, for example, by means of a message in a sealed envelope. Further, prison officers should not seek to screen requests to consult a doctor. The CPT recommends that steps be taken to ensure that these requirements are met in practice at Burgas and Varna Prisons, as well as in all other prisons in Bulgaria. 46.  It appeared from examination of medical documentation that at Varna Prison only prisoners having a medical insurance had a personal medical file. By contrast, at Burgas Prison all prisoners had such a file. Nevertheless, the medical notes therein were extremely sparse if they existed at all. The very limited medical information available was indeed to be found in the daily medical journal, countersigned by each prisoner having had a medical consultation. This system not only makes it impossible to assess the continual medical care provided to an individual prisoner, but also gives rise to concern in terms of confidentiality as any prisoner countersigning an entry about himself could see the annotation on other prisoners, as could prison staff accompanying inmates.
The CPT calls upon the Bulgarian authorities to take steps at Burgas and Varna Prisons to improve medical record-keeping. In particular, a personal and confidential medical file must be opened for each prisoner, containing diagnostic information as well as an ongoing record of the prisoner’s state of health and of any special examinations he has undergone. In the event of transfer, the file should be forwarded to the doctors in the receiving establishment. 47.  At both establishments, there were prisoners working as orderlies in the health‑care unit, despite repeated CPT’s recommendations to review such a practice. In addition to being involved in the distribution of medicines ─ already an unsatisfactory practice ─ they even performed certain medical tasks such as measuring temperature, blood pressure and pulse; this is unacceptable. The CPT calls upon the Bulgarian authorities to cease the practice of using prisoners in health‑care units as medical orderlies; if necessary, the law should be amended.
... 49.  The situation encountered at the two prisons was aggravated by the fact that the vast majority of inmates did not have medical insurance. In their response to the CPT’s report on the 2010 visit, the Bulgarian authorities had acknowledged the problem and at the outset of the visit, assured the delegation that the GDIN would bear the necessary costs in such cases. However, it became clear during the visit that prisoners who did not have the state health insurance were unable to receive specialist/outside hospital care, except in emergencies. On a number of occasions, the delegation had to intervene to ensure that prisoners with serious health problems who did not have medical insurance were referred to hospital for further evaluation and treatment. The CPT wishes to stress that it is totally unacceptable for sick prisoners to be deprived of care until such time as their state of health becomes critical. 50.  As already indicated in paragraph 8, the CPT’s delegation invoked Article 8, paragraph 5 of the Convention and requested that an immediate review of the provision and quality of health care services at both Burgas and Varna Prisons be undertaken jointly by the Ministries of Justice and Health. This should cover health‑care staffing levels, the provision of treatment and medication to prisoners within the prisons and the requirement that all prisoners, irrespective of whether they have state health insurance or not, are able to be referred to hospital for further investigation and treatment as and when this is required. The Bulgarian authorities were requested to complete this review and formulate an action plan to address the deficiencies in the provision of healthcare services for prisoners within three months. The delegation asked to receive the review report and action plan by 15 August 2012. The CPT trusts that it will receive the requested information in due time. In the meantime, immediate steps should be taken to ensure that prisoners without resources are able to receive the medication and treatment that their state of health requires. 51.  In Bulgaria, the provision of health-care to prisoners remains under the responsibility of the Ministry of Justice. That said, pursuant to Regulation No. 2 of 22 March 2010 ‘On terms and conditions for medical care in places of deprivation of liberty’, jointly issued by the Minister of Health and the Minister of Justice, the Ministry of Health is also involved in the matter. While welcoming this, the facts found during the 2012 visit clearly indicate that a closer involvement of the Ministry of Health is required.
The CPT recommends that the Bulgarian authorities ensure that the Ministry of Health becomes more actively involved in supervising the standard of care in places of deprivation of liberty (including as regards recruitment of health-care staff, their in-service training, evaluation of clinical practice, certification and inspection). Consideration should be given to transferring the responsibility for prison health-care to the Ministry of Health.”
74.  A report submitted by the Bulgarian Helsinki Committee in October 2011 within the fourth and fifth cycle of reporting in respect of Bulgaria under Article 19 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1465 UNTS 85), ratified by Bulgaria on 16 December 1986 and in force since 26 June 1987, said the following at pp. 13-14:
“... Out of the 12 prison facilities, accommodating an inmate population of 9,006 as of 18 May 2011, 33 none were built in the past 20 years. The prison buildings in Lovech, Pazardzhik, Vratsa, Stara Zagora, Varna, and Burgas were built in the 1920s and 1930s, while the Sofia prison is a century old. This rather dilapidated material base is now meeting the pressure of massive overpopulation and thus raising concerns about the acceptability of the living conditions provided vis-à-vis the requirements of Article 16 of the Convention.
The living space in the cells of the Burgas, Varna, Sofia and Pleven prisons remains insufficient, and requires the use of double and even triple bunks – a clear indicator of overcrowding. The explanatory notes of the 2008 Strategy for the Development of the Correctional Facilities point out that the living space in most cells is approximately 2 sq. m. per person, while the recommended standard is 6 sq. m. Since 2008 the situation deteriorated due to the overall increase of the number of prisoners in Bulgaria. During the most recent visit to the Varna prison, carried out by the BHC penitentiary institutions research team at the end of September 2010, the average living space per person was 1 sq. m.
On 18 and 19 August 2011, a team of BHC researchers visited the prison in the city of Burgas and found that over the past year the number of persons deprived of liberty had increased dramatically. At the time of the visit, 866 inmates were accommodated in the main building of the prison, whose official capacity was for 371 inmates. The research team visited two prisoners‟ groups (number seven and eight), a total of 240 persons, who shared the living space of a corridor on the fourth floor of the main building of the facility. Their cells were not equally divided in terms of area as some of the cells were former dining halls that had to be reallocated due to the increasing number of prisoners. This means that in certain sections of the prison inmates could only have their meals while standing up in the rather narrow corridor. Usually, between 15 and 44 persons shared a cell. In cell No 419, BHC witnessed the accommodation of 44 persons in a 55 sq. m. cell that had only 40 beds available. Thus, four of the inmates who lived in that cell were forced to sleep on the floor space between beds. During the day, their mattresses were rolled up and stored under other inmates‟ beds. The only open space in the cells consisted of the aisles between the beds.
None of the cells at the Burgas or Varna prisons have separate sanitary facilities. In the abovementioned section of the Burgas prison, 240 inmates share a total of three toilets and only one shower in a deplorably unsanitary state. As cell doors are locked at night, instead of toilet facilities, all persons deprived of liberty have to use buckets that are in alarming proximity to their beds and are also clearly visible by all other inmates. Not only most cells do not have drinking water, but their windows are too small to provide fresh air (especially during the warmer seasons) and sunlight sufficient for all the inmates. In Varna, cell doors are perforated due to rodent infestation. The tremendous overcrowding and the resultant drastic deterioration of the living conditions, lack of sufficient living space and separate sanitary facilities within the cells, as well as the personnel shortages and escalating tensions among inmates, more and more often lead to inter-prisoner violence.
In respect of health care, services in the prisons are not integrated with the national healthcare system in terms of facility standards, administration, provision of medical check-ups, statistics, prophylactics, and preventive care. Most medical centres within the prisons fail to meet the requirements of the Medical Institutions Act. Over the past year, BHC has registered a sharp increase in the number of complaints sent by inmates to the BHC legal defen[c]e programme, regarding healthcare provision. The underlying reasons are staff and equipment deficiencies, as well as unavailability of specialised assistance. No independent control is exerted to ensure adequate provision of services that affect directly inmates‟ health status.”
75.  Bulgaria’s combined fourth and fifth periodic reports concerning the implementation of this Convention, submitted on 3 August 2009 and published on 3 December 2010 (CAT/C/BGR/4-5), said the following:
“112.  In recent years, the number of inmates in prisons and prison hostels has remained steady, with a minimal decline in 2007; currently, the total prison population stands at 10,271. With respect to accused persons and defendants held in custody in prison facilities, there is a tendency of decline in their overall numbers. Over the years their number changed as follows: in early 2004, 1,861; in early 2005, 1,988; in 2006, 2,015; in 2007, 1,378; dropping to 942 towards the present moment. 113.  Overcrowding remains a problem in the main prison buildings. It is alleviated by transferring convicts held in closed-type prison facilities, both first-time and repeat offenders, subject to meeting certain requirements as provided by law, to prison hostels of a transitional type. In the course of 2007, a total of 2,446 inmates have been proposed for such transfer to a court of law; the proposal was granted in respect of 2,142, and rejected for the remaining 304.”
76.  In May 2012 the Ombudsman of the Republic of Bulgaria was designated as national preventive mechanism under Article 17 of the 2002 Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2375 UNTS 237), which was signed by Bulgaria on 22 September 2010 and came into force in respect of it on 1 June 2011.
77.  Between July and November 2012 the Ombudsman inspected Vratsa, Belene, Pleven, Lovech, Sliven, Stara Zagora, Plovdiv, Bobov Dol, Varna, Burgas and Pazardzhik Prisons.
78.  In his annual report for 2012 under the national preventive mechanism the Ombudsman noted, inter alia, that the problems in relation to overcrowding and living conditions in the prisons had accumulated for decades and were well known. During the preceding twenty years, major repairs had only been carried out in one prison and three old buildings had been converted into open-type prison hostels. He went on to say that his inspections had led him to conclude that the conditions in almost all prisons and closed-type prison hostels could be characterised as subjecting the inmates to inhuman or degrading treatment. In relation in particular to overcrowding, the Ombudsman was of the view that Bulgarian law did not lay down any mechanism allowing the enforcement of minimum standards on the housing of prisoners. An amendment to the Execution of Punishments and Pre-Trial Detention Act 2009 in December 2012 had made provision for the transfer of prisoners to another facility in case of lack of capacity of the prison to which they had been allocated (see paragraph 111 below). However, this possibility could serve no practical purpose, because all prisons in the country, except two correctional institutions for juveniles and Sliven Prison, which housed female prisoners, were overcrowded, in the sense of providing less than four square metres per prisoner. The worst example was Burgas Prison, where the available space per inmate was one square metre, which was in practice even less, because that was not the unencumbered area but the living area, including the space occupied by beds and tables. In the Ombudsman’s opinion, the architecture of the old prisons did not allow conditions for individual work with inmates and required additional staff to ensure their safety. The construction of toilets had caused a reduction in the amount of living space. Moreover, construction works required the emptying of parts of the prisons, which led to even more overcrowding. In most prisons, reconstruction was impossible in practice. It would partly improve conditions, but would not solve the issue of overcrowding. There was therefore an urgent need to build new prisons and prison hostels. The Ombudsman outlined the possibilities in that regard.
79.  With regard to hygiene in the prisons, the Ombudsman said that there were not enough resources for cleaning and sanitation. Cleaning of the floors was predominantly only carried out with water. Cockroaches, bedbugs and even rodents were, in spite of the carrying out of pest control operations, commonplace in male prisons and closed-type prison hostels. The Ombudsman went to say that inmates were consistently not provided with clothing because of the lack of funds, and that clothing was only being provided to needy prisoners.
80.  With regard to food, the Ombudsman said that overcrowding had a negative effect on the organisation of eating in prison canteens. In some places the actual time for eating was only between five to ten minutes. In some prisons the canteens were in the corridors, because the original canteens were used for social activities. During the previous four years the daily food allowance per inmate had increased from BGN 1.30 (0.66 euros (EUR)) to BGN 2.50 (EUR 1.28), but this largely reflected food price inflation. Eggs, dairy products and fruits were a rarity on the prisoners’ menu. Fruits and vegetables were not readily available even in prison food shops. Since inmates could not properly store food, they were trying to refrigerate it with water. Food in the prison food shops was being sold at above-market prices, which was giving rise to numerous legitimate complaints from prisoners.
81.  Medical care was also a serious problem. While primary medical examinations were well organised, the level of equipment of prison medical facilities was insufficient and below the level of a normal general practitioner surgery. Prophylactic care and monitoring of chronically ill inmates was substandard. Following an amendment to the Execution of Punishments and Pre-Trial Detention Act 2009 in December 2012 (see paragraph 123 below), the issue with the health insurance coverage of inmates had been resolved. However, problems with the financing of prison medical facilities and hospitals remained.
82.  In 2013 the Ombudsman inspected Bobov Dol, Burgas and Varna Prisons.
83.  In his annual report for 2013 under the national preventive mechanism, published in Bulgarian on 17 February 2014, the Ombudsman said, inter alia, that the material conditions in Burgas Prison continued to be unacceptable and were inhuman and degrading. This was the most overcrowded prison in Bulgaria, with on average less than two square metres per prisoner, and in some places less than one square metre. The rule in this prison was triple-bunking, and its buildings were very old and run down. The two closed-type hostels attached to the prison were also overcrowded, with slightly more than three square metres per prisoner. In the prison, unimpeded access to the toilets at all times, especially at night, was a problem, and the toilets themselves were very unsanitary and dilapidated. Nor did all prisoners have access to basic cleaning products. The building of Varna Prison was also old and in bad repair.
84.  There were problems with food in Burgas Prison, mainly resulting from the low qualification of the kitchen staff and the lack of funds. Prisoners voiced many complaints with regard to the quality and the quantity of the food. Varna Prison was also in arrears with the payment of its food suppliers.
85.  The medical centre of Burgas Prison comprised a doctor’s surgery, a dental surgery, a manipulation room, a medicines storage room, an inpatients section, consisting of two rooms with eight beds, and two toilets and a bathroom. The equipment was deficient and substandard. The centre was staffed by a medical doctor, two feldshers, a dentist and an orderly, who was an inmate. There was no psychiatrist; even the position had been closed in 2012. The inmates did not undergo regular annual check-ups. There was no real control of the medical treatment dispensed, the equipment or the prescription of medicines, and the level of active and prophylactic medical care was below that available out of prison. Dental care was also extremely deficient. Many inmates were drug addicts.
86.  The medical centre of Varna Prison comprised a doctor’s surgery, a dental surgery, a psychiatric room, an inpatients section, consisting of four rooms with twelve beds, a medicines storage room, an isolator, a small dining room, two toilets and a bathroom. The equipment was extremely deficient. The centre was staffed by a medical doctor, a psychiatrist, a dentist, a feldsher and an orderly, who was an inmate. Outside specialists were being called in as necessary. Inmates underwent medical check-ups upon their arrival in prison, as well as before and after transfers. There was no real control of the medical treatment dispensed, the equipment or the prescription of medicines, and the level of active and prophylactic medical care was below that available out of prison. The biggest problem was with dental care. Medically insured prisoners were often referred to an outside hospital in Varna. Others were, if necessary, sent to the prison hospital in Sofia. Many inmates were drug addicts.
87.  Most inmates in Burgas Prison remained idle for most of the day, chiefly as a result of the lack of social services rooms and the extremely insufficient level of social staff. In 2012 only eighty-four inmates, or about 9% of the prison population, had been engaged in work, most of them in prison maintenance because the prison’s woodwork workshop had had to stop its operations as a result of the economic situation in the country. In 2013 more inmates – one hundred and eighteen – were in work.
88.  In March 2014 Jim McManus, former Scottish Prison Complaints Commissioner, drew up an expert report on the Bulgarian penitentiary system. In this report, he said that although the Bulgarian authorities fully accepted the criticisms levelled at them by this Court in relation to prison conditions in Bulgaria and were trying to address most issues within their limited resources, problems remained. The main issues were overcrowding, especially in male adult prisons, a large number of annual receptions of pre‑trial detainees, very poor material conditions, very poor programmes of activities, the lack of an appropriate preventive judicial remedy and some confusion in respect compensatory remedies.
89.  The Bulgarian authorities had done a lot to reduce the prison population, which had fallen from 11,000 in 2007 to just over 9,000 on 31 December 2013. One reason for that had been the introduction of probation as a form of sentence in respect of many offences, but there was room for increased use of this option as an alternative to custody, as well as for more release on parole. An action plan for 2010-13 for improving the prison estate had not been fully implemented for financial reasons. However, works had been carried out in a number of facilities: a prison hostel in Pleven had been converted into a closed-type prison, in-cell toilets been installed in the life prisoners’ section of Varna Prison, and minor renovations had been carried out in eight prisons. There were plans to build a new hostel attached to Burgas Prison, able to hold four hundred and fifty inmates, with Norwegian funding. However, any further improvement was contingent on the finding of sources of extra-budgetary funding. There was no preventive remedy, and there were issues with the operation of the existing compensatory remedy, such as conflicting decisions no very similar facts and the lack of a statutory rule on the minimum amount of space per prisoner, which precluded the courts from considering this as a factor in the assessment of prison conditions under Article 3 of the Convention.
90.  In terms of steps that could be taken to reduce the number of persons being sent to prison, the report noted that the authorities had already taken this path and that the rate of incarceration in Bulgaria was close to the mean for Council of Europe States. It also noted that crime in Bulgaria was falling, and that in 2012, only 47.5% of those convicted of a criminal offence had been given an effective sentence, with conditional sentences imposed on 37.6% and 11% released for criminal liability. However, there was more that could be done in this respect. For instance, prosecutors could be empowered to resort to alternatives to prosecution, such as formal warnings, mediation and reparation programmes or community work, early in the criminal process, but with appropriate monitoring to reduce the risk of corruption. In 2013, there had been 22,029 persons placed in pre-trial detention, spending an average of forty-one days in custody. This suggested that pre-trial detention was routinely being imposed in respect of certain charges, and that alternatives to pre-trial detention could be used to result the number of people in custody. There was also room for reducing the percentage of custodial sentences, which stood at either 48% or 66.2% for 2012, by resorting more readily to probation or fines, especially with respect to offenders given sentences of less than six months (47% in 2012) or between six months and a year (29% in 2012). Those offenders were apparently perceived as low-risk, and it was well known that short sentences were the most ineffective ones in terms of offender rehabilitation, while at the same time the most disruptive ones in terms of impact on the lives of those concerned. Resort to the automatic remission of sentences could also be envisaged as well as expanding and improving the use of parole, in line with Recommendation Rec(2003)22 of the Committee of Ministers on conditional release (parole), and the use of waiting lists.
91.  In terms of steps that could be taken to expand the capacity of the penitentiary system and improve its use, there was obviously the need to build new prisons or spend massive sums of money on renovating the existing ones. Such plans existed, but none of them had come to fruition. The authorities were looking at various options to ensure extra-budgetary funding for this. Renovating existing prisons, some of which were in a very poor state of repair, was a very difficult and expensive option; building new ones was a superior alternative. Changes had to be envisaged in respect of the investigation detention facilities as well. There was also a lot that could be done with respect to prisoner allocation. According to the authorities, the total number of persons held in prisons and prison hostels on 31 December 2013 was 8,449, for an official capacity of 8,763. This meant that the penitentiary system as a whole was not overcrowded according to local norms. However, on the same date Burgas Prison held 1,057 inmates for an official capacity of 547 and Bobov Dol Prison held 665 inmates for an official capacity of 530, whereas Sofia Prison had 1,471 inmates for an official capacity of 1,671. There were thus pockets of massive overcrowding while some prisons were underused. This was largely due to the rules on the classification of prisons and prison regimes in the Execution of Punishments and Pre-Trial Detention Act 2009, which left the criminal courts little discretion in allocating offenders to one or another regime or prison. For instance, recidivists and those sentenced to more than years’ imprisonment were automatically allocated to closed-type prisons. Since 47% of custodial sentences were for less than six months, the statutory requirement to have served at least six months to qualify for a transfer from a prison or a closed‑type prison hostel to an open-type prison hostel (see paragraph 113 below) meant that no recidivist could hope to obtain such transfer; those serving sentences ranging between six months and a year (29% of all prisoners in 2012) could also find it difficult to obtain a transfer. As a result of those rigid rules, prisons and close-type prison hostels were overcrowded while open-type prison hostels were underused. The report urged more flexibility in this respect. As regards remedies, there was perhaps a need to overhaul the applicable statutes, putting the emphasis on the rights of prisoners and on the ways in which they could be enforced. The authorities also had to strengthen the role of the Ombudsman as national preventive mechanism under the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. There was in addition a need for better cooperation between the various actors involved; the report therefore recommended that a coordinating body be set up under the auspices of the Ministry of Justice.